Towns, cities start seeing effects of state regs overhaul

Using the 6-month-old Municipal Modernization Act, several communities have begun lowering speed limits on local roads, but that's just the tip of the iceberg when it comes to the new law.

Gerry Tuoti Wicked Local Newsbank Editor

Using the 6-month-old Municipal Modernization Act, several communities have begun lowering speed limits on local roads, but that’s just the tip of the iceberg when it comes to the new law.

Hailed by Gov. Charlie Baker at its signing as a “great example of some true weed whacking of outdated clunky laws that will empower our municipalities and support good governing,” the law contains dozens of reforms related to municipal finance regulations, local controls, state oversight and municipal contracts.

“There are over 100 actual changes in statutes, many of them designed to make the administration of local government easier,” said Geoff Beckwith, executive director of the Massachusetts Municipal Association. “It eliminates a lot of the processes, procedures, hoops and hurdles that communities had to jump through, over or under to get their work done.”

Brandon Moss, a municipal law attorney with the law firm Murphy, Hesse, Toomey & Lehane, said city and town officials across the state will enjoy greater flexibility in many areas.

“Overall, in my opinion, because it’s such a large piece of legislation, it is far reaching,” he said.

Moss is town counsel for Bedford, Mendon and Scituate and also serves as legal counsel for the Hyannis Fire Department. The firm represents approximately 150 public entities and has attorneys who serve as town counsel for Attleboro, Norwood, Natick, Milton, Danvers, Holbrook, Hanover and Norfolk.

Reforms to procurement regulations, he said, are already making a difference. Under the new regulations, contracts of less than $50,000 can be awarded without going through a formal competitive bidding process.

Contracts of less than $10,000 can be awarded using “sound business practices.” Cities and towns can award contracts of $10,000-$50,000 after soliciting three written quotes.

“It’s a quicker, streamlined process,” Moss said. “For those smaller contracts, they don’t need to give notice or advertise. I have had a fair number of clients where I had actually suggested they wait until after Nov. 7 [when the procurement regulation took effect], so they could take advantage of the less arduous procedure.”

Municipal governments and public school departments have greater freedom under the new law to set up reserve funds.

“It streamlines being able to spend money without having to go to town meeting if something like an unforeseen special education cost comes up during the year,” Moss said.

Instead, a vote of the Board of Selectmen or School Committee could authorize the use of funds from a special reserve account.

Officials in Cohasset are preparing a town meeting article that proposes changing its recently established special education stabilization fund to conform with special account standards in the Municipal Modernization Act.

“We're putting all the pieces in place so it's there if we decide to have it," said School Committee Chairwoman Jeanne Astino. "We have the funds in place either way. One way or the other, we will be prepared.”

Another major change under the Municipal Modernization Act is a provision that allows cities and towns to create special injury leave indemnity funds to pay for injury leave compensation and medical bills for firefighters and police officers injured while on duty.

The law also allows municipal boards to designate a member to sign bills between meetings, no longer requiring that meeting time be devoted to signing bills.

When a city or town rents out a facility, it can now take a one-time vote to place that revenue in a separate account and use those funds for the maintenance and upkeep of public facilities. Previously, a separate vote would have been required for each expenditure.

The law also streamlines guidelines for public entities using revolving funds – accounts fed by a specific fee or revenue source – allowing them to make expenditures with a one-time vote.

Towns across the state have begun using the law to lower speed limits on local roads without state approval. Beverly, for example lowered its default speed limit to 25 mph effective Feb. 17.

“We believe this change in our citywide speed limit will make every resident, employee and visitor to Beverly safer throughout our community,” said Beverly Mayor Michael P. Cahill.

The law removes multiple state oversights.

“The overarching theme, as a municipal attorney, is flexibility to communities so that they don’t need to go through as strict procedures as they previously did,” Moss said.

The law, Beckwith said, is full of practical reforms that will likely go unnoticed by the general public, but will make a difference in the day-to-day operation of local government.

“I do know municipal officials sincerely appreciated the scope of the bill and the level of detail involved,” he said. “It’s rare to have legislation dive into the how, as opposed to the what, of government.”

— This story includes information from Beverly Citizen and Cohasset Mariner reports.